Religious Liberty

The mixing of government and religion can be a threat to free government, even if no one is forced to participate.... When the government puts its imprimatur on a particular religion, it conveys a message of exclusion to all those who do not adhere to the favored beliefs. A government cannot be premised on the belief that all persons are created equal when it asserts that God prefers some.
-- Harry Blackmun,
Majority Opinion, Lee v. Weisman, 1992


The right of each and every American to practice his or her own religion, or no religion at all, is among the most fundamental of freedoms guaranteed by the Bill of Rights. The Constitution's framers understood very well that religious liberty can flourish only if the government leaves religion alone.

The ACLU is dedicated to protecting the First Amendment that guarantees our religion is free of government and our government is free of religion so that no one religion influences the government decisions that affect us all.

Oregon’s constitution provides even more religious liberty protection than the First Amendment. Article I, section 5 of the Oregon Constitution states in part: “No money shall be drawn from the Treasury for the benefit of any religious (sic), or theological institution.” Article I, section 2 provides “All men shall be secure in the Natural right, to worship Almighty God according to the dictates of their own consciences” and Article I, section 3 states “No law shall in any case whatever control the free exercise, and enjoyment of religious (sic) opinions, or interfere with the rights of conscience.”

The ACLU of Oregon is committed to ensuring that the words of the Oregon Constitution mean what they say and will continue to protect religious liberty.

Litigation

ACLU of Oregon Demands for Documents on Implementation of Trump’s Immigration Ban

FOIA Filed As Part of Coordinated Campaign with 50 ACLU Affiliates

FOIA filed image February 2, 2017 — The American Civil Liberties Union Foundation of Oregon (ACLU of Oregon) filed a Freedom of Information Act (FOIA) request today with its local U.S. Customs and Border Protection office (CBP) to reveal how Trump administration officials are interpreting and executing the president’s immigration ban, and whether they are complying with orders from federal courts partially staying the ban’s implementation. The filing today is part of a coordinated effort from 50 ACLU affiliates, which filed FOIA requests with 18 CBP field offices and its headquarters spanning 55 international airports across the country.

“The exclusion of Muslims and refugees is shameful and runs counter to core American values,” said Kelly Simon, staff attorney at the ACLU of Oregon. “Yesterday, we sued the Trump administration on behalf of immigrants and refugees in Oregon. Today, we teamed up with ACLU affiliates across the country in an effort to force out information about how these orders are being carried out.”

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Oregon Immigrants’ Rights Groups File Lawsuit Against Trump’s Muslim and Refugee Exclusion

press conference at Unite OregonFebruary 1, 2017 - The American Civil Liberties Union Foundation of Oregon (ACLU of Oregon) and Immigrant Law Group PC filed a lawsuit today in federal district court challenging President Trump’s Muslim and refugee exclusion order. The complaint was filed on behalf of Unite Oregon, a social justice organization whose members include Muslim immigrants and refugees.

“Today, we tell the world that Oregonians reject Trump’s inhumane orders that exclude Muslims and refugees,” said an emotional Manijeh Merhnoosh, Unite Oregon’s board co-chair. 

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Legislation

RELIGIOUS FREEDOM: Mandate Daily Opportunity for Pledge of Allegiance in Schools (HB 3014) (2013)

Representative Sal Esquivel (R-Medford) introduced HB 3014, which would have required Oregon public schools, including public charter schools, to hang a U.S. flag in every classroom and to provide a daily opportunity for a student or teacher to lead the students in the Pledge of Allegiance to the flag. Under current law, schools are required to provide this opportunity once weekly.

The ACLU of Oregon has had long standing concerns about this statute, primarily because we  believe it is vulnerable to a challenge under the Oregon constitution’s religious freedom provision, Article I, section 5. The Pledge of Allegiance includes “One Nation under God” and yet our constitution states in part: “No money shall be drawn from the Treasury for the benefit of any religious (sic), or theological institution…”

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RELIGIOUS FREEDOM: Pledge of Allegiance in Schools (HB 3604) (2011)

Currently, school districts are required to provide their students with the opportunity to recite the Pledge of Allegiance once a week. HB 3604 was introduced to expand the current requirement by allowing for daily recitations of the Pledge of Allegiance.

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Other

Smith v. Employment Division

Faces of Liberty: Standing Up for Religious Freedom

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